Woman and the Republic: A Survey of the Woman-Suffrage Movement in the United States and a Discussion of the Claims and Arguments of Its Foremost AdvocatesJohnson, Helen Kendrick
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Woman and the Republic: A Survey of the Woman-Suffrage Movement in the United States and a Discussion of the Claims and Arguments of Its Foremost Advocates
Johnson, Helen Kendrick
Women -- Legal status, laws, etc. -- United States; Women -- Suffrage -- United States
A widow is endowed of the third part of all the real estate whereof her
husband is seized of an estate of inheritance at any time during the
marriage. This interest, termed during the lifetime of her husband
_inchoate_, attaches at the instant of marriage to all real estate the
husband then owns, and after marriage to all real estate he acquires.
Having once attached, it cannot be divested by any act of the husband, or
any of his creditors. The wife alone can release it, and she forfeits it
only in case of a divorce dissolving the marriage for her misconduct.
The husband cannot either sell or devise his real estate, except subject
to this dower right of his wife. The husband's estate by courtesy in his
wife's real estate is by no means so broad or so well secured as is the
wife's right of dower. It does not attach at all until the birth of a
living child, and the wife may absolutely defeat it at any time without
any consent on the part of her husband, either by conveying her real
estate during her lifetime, or by devising it by her will. It is no longer
necessary for the husband to join with the wife in conveying her property.
A husband is liable for necessaries purchased by his wife, and also for
money given to the wife by a third person in order to enable her to
purchase necessaries, and he is bound to support her and her children
without regard to the extent of her individual and separate estate. No
similar obligation to furnish necessaries to a husband is imposed upon a
wife. The legal definition of necessaries is very broad, being "such
things as are actually required for the wife's support commensurate with
the husband's means, her wonted living as his spouse, and her station in
the community."
In case of a divorce, whether partial or absolute, obtained by the wife,
the husband is required to pay _alimony_ for her support during the rest
of her life, even if she should re-marry. A wife from whom a husband
obtains a divorce cannot be required to contribute in any way to his
support.
Although the law has opened wide the door for all women to engage in
business, it still discriminates in their favor in many particulars. No
woman can be arrested in a civil action, or held by an execution against
the body, except in cases in which it is shown that she has committed "a
wilful injury to person, character, or property," or has been guilty of
such an evasion of duty as is equivalent to a contempt of court. Thus a
woman engaged in business cannot be arrested in an action for a debt
fraudulently contracted.
All women judgment debtors, whether married or single, enjoy certain
exemptions from the sale of their property under execution, which, in the
case of men, extend only to a householder; that is, a man who has, and
provides for, a household or family.
Public-domain text, read in full here on John Shaqi.
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